The Oregon daily journal., February 12, 1905, Image 1

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papd Alornina ?
CIRCULATION CP TMB. ' "
1 JOURNAL YESTERDAY. iy.lC
'The Weather: Sunday, fair and con
' Unued cold; northerly wind. k
h-M(v our-
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VOL..:.!... NO. '48.
PORTLAND, OREGON. . SUNDAY MORNING. FS3RUARY 12,i 1805 FOUR SECTIONS 86 PAGES.
PRICE FIVE CENTS. I
v. : J . ... '
KMMMMMMM MMM MOMMMMMMMtMHO MMMMtMMMMMMM
; Washington, Feb. 11. Senator Mitchell, did not exhibit
'much if any. concern etytier in manner, tone or xxpression when
a Journal representative called upon him this evening and told
him that his law partner. Judire Tanner, had made a full confes-
:.: -y sion to the federal, grand jury,
luiicacu reveivtsv.. u muiicv. mui yi .iutr. at
Mitchell for illegally expediting irregular and unlawful land fil- -V
ings. Senator 'Mitchell said that the information of , the ' day's,-'
events given, him by The Journal was the first news he had ori -the
subject and on first thqught was inclined' to say: nothing fixr
.publication until he received further news and more completede--:
tails of Tanner's confession. Later, however,-he authorized The T"
Journal to-print the statement which follows: r , : -
"It Judge lannerever receivea any money xor any ousiness
he transacted for . any one in connection with land matters and
'. Z placed it to my credit or- any
knowledge or consent directly or indirectly. . ; -. .
" " '"It was, our 'distinct understanding, soon after , my election
to the senate the last time that I was to have no interest what-;
ever, in any' business he might ; do in" connection with depart-
mental matters, i nave, never
tonsent. a 6inele penny or any
rendered by me or Judge Tanner or the firm of Mitchell, & Tan
ner in connection with any land matters or any business before
the government departments, and this I believe I can establish in
i a fair trial to the entire satisfaction of not only the jury but the
people ofvOregon -and the entire country. vv;i :;:j:2.,i;
t. i Yoo say ine journaj aovisea. yo inai juugc tanner jias s
Z ;made a full confession before the grand jury. Hits is all the in
formation:! have on the subject
I . have nothing . further, to say.
. i present time and o be ready
' " Asked It he would resign
Mitchell: said emphatically: ;
y ' "Nor There is no reason
back to fight the matter out.
at the bottom of most, of this
t tchd to gratify this" desire;
H
SECucT UEETIRGS
rSoard S of ' Education's . Star
- ChajnbirAJfeo
feat l& Own Purpose.
Legality of raising -;
sauries is doubted
Citizens ' Generally r Oppose the
Manner in Which School Di- '
a ''rectors Have Proceeded.
. .'..5T
Severe critlciam. of tha "action ei the
city board of education In holdtnt secret
. ueetlore at which Important buatneaa
,LaXCectln tfle puhllO-laranaacted.111
' heart on every hand. . It la' tha eonaen
" aua of opinion -thar aneetlnna at whksb
1 . 'buatneaa la tranaacted and eepecfally
where 'public, money la appropriated
ahould be. open and above board. .
It la argued . that becauaa the city
.' board of education haa been permitted
; to hold aeoret meettnxa In tha paat la no
- reason why auoik etar chamber aeaalona
should be .tolerated 4ntha future. ,
- r There la Queatton of legnltty about
proceedinta of secret meetlnsa where
the public funda are appropriated.- It U
aald that all public money ahould be
w ' appropriated In open eeaalon where the
voloa of the people may me heard; thoy
f furnish the money, and they be a right
"to aay how It la toJe expended. '""
At the meetlnn of the .school board
' February 1. at. which. CltySuperlntend
i ent Rlfler's aalary waa ralaed from
I (1,000 to $4,000 a year and the aalarlea
'- of tha teachera were tncreaaed aocordlng
to-the report aubmltted January it, pro
' ' ' vidlna; for a graduated acale and a merit
, ' ayatem df wage. Clerk H. C Allen waa
not present The law provides that
.' when a clerk la absent ha shall deslgnaU
some membeV of tha board to take the
mlnutesof the meeting. Mr. Allen ap
pointed Superintendent Rlgler, who Is
not a member of the board, and who
- 'was absent during a part of the meet
ing. City Attorney McKary doubts the
legality of tha proceedings on this ac-
count. A prominent taxpayer aald yea
; - terday: - , -; ,
(Continued on Page Seven.)
-SPRECKELS
- (gpeel'l DUpatrh by teaeed WH to Til Joanuil)
San Francisco, Feb. 11 After six years
of bitter enmity that almost amounted
to a family feud, Rudolph Bpreckels, the!
- young rapltallst, and aaus - Bpreckela,
the aucar king, have been reconciled.
. In his declining years the eider Spreckela
has decided that the domeetie quarrels
which sepx three of his children from bis
- side were hot worth continuing and
this truce with Rudolph, tt is hoped, fore
- - casts a general family reunion. -
Though Rudolph Bpreckela la recon
. . died to Ms father It to stated that the
: olive branch has. not yet bean extended
t to-his brothers. Adolph end John, D.
,. Sprtckels. who chose the father's aide
of the difference which closed the doors
. j.ut the home against Rudolph and Oua.
r Emma Bpreckela, whose quarrel with.
wher father dates bark from htr marriage
with Tom Watson, Is slso said to-be on
. her way. borne from abroad to Join la the
in which he stated that Senator
part of ityhe did it without my
receivea, wun my icnowieagc or
amount whatever for any services
and until' l know; more about it'
r; ; v 'V:, " v
for trial soon after the court meets r
ms seat in ine senaie, senaior ,
li? I i -.'i.:? V''-:
why I should resign. I am going .
The desire to have me resign is
crusade against me anU.jdotin
; -f :v -v? ; ,?. - - H ,
MMMMMMMMMmMMMM MMMMMMMMMMMMM
ii i rr r- VAf r o rnrrr zj--p. TA: pne iTC CEPAn ::J
U U U t VV C. DO I I. rvvq 1 IPUiLA I L OLtUnU-
; h a m n i ofi f n r a wfi " jiidic nun
Chief Justice Fields, In Opinion
River,- Laid -Down - Principles
Here , In Flgh Against
' Portland need not . waif for federal
permission to secure relief from . the
drawbridge abuse. , , '" i
.The county court, under whose con
trol tha state of Oregon places tha Wil
lamette river -bridge, haa . f uU powe'r
and authority to regulate tha opening
and closing of tha drawbridges, and to
keep them closed an hour morning and
evening during tha rush of travel;-
In a unanimous decision written by
Justice Field the ' United States su
preme court haa decided this issue, and
It la In favor of the general puniio 01
Portland. - The decision waa rendered In
Wt, In the ease of the Oscanabs Trans-
portatloa company va. Chicago (10T U.
8. S70. and It upneia a city orainanoe
enacted by the -city of Chicago, the
nrovlslona of which fit exactly present
day oondltlone In Portland. -Tha Chicago
situation differed from Portland only in
the fact that the state law of Illinois
vested 'control of bridges across the
Chicago river in the city council Instead
of In the county court. ' Discussing tha
Chicago city- ordinance, - which had
given, rlae to the auit, justice r irna saia
in his declalon: ' ' , - , "
. . Jaatloe maMf Saeislo. . -"The
first of these requirements was
called for to acoommodate clerks, ap
prentices and laboring men seeking to
cross tha bridges at the hoars named
In going to and from their - places of
labor. Any unusual uelay In tha morn
ing would derange their., bualneaa for
the day, and subject them' to a corrar
spending loss of wages. At tha hours
specified to 1 a. m. and l:0 to :0
p. m the hours provided by the Chi
cago-ordinance for keeping tha draw
bridges closed), there is three time, ap
the record ahowa, the usual number of
pedestrians going and returning -than
there Is during other hours of tha day.
"Tha limitation of 10 minutes for the
passage of the-draw, by vessels, seems
to have been eminently wise and proper
for the protection of tha Intereata of all
parties. Ten minutes la ample time for
any vessel to paaa the draw of a bridge,
and the allowance of more time would
subject loot passengers, teams and other
vehtclea to great Inconvenience and de
SIX : YEARS'
feast Of tha fatted calf. The difficulty
which, first separated the Bpreckela arose
over the transactions of the Hawaiian
Commercial com pan that organisation
which has brought so much good fortune.
we ait n ana monering wun it.
For number of years Claus 8preckli
had presented blocks of stock In the
company to his children on various oc
casions, untllj Rudolph and Oua owned
a large ahare of tha property. In the
year 1M an-assessment was declared
on all stock of tha Hawaiian Commercial
company, which, as It amounted to tt
a share, was 'practically a . freeseout.
Of the 100,000 outstanding shares, assess
ments were paid on only .1100, and the
balance felt into the treasury of tha
companyr ' ' " ' ,
Oua. objected to thla plan of reorganisa
tion en. the father's pert, by which all
outsider Irwt their Interest in the prop
erty and i.ioipb took the aide of hi
f-'
-
;
- ;
.;y ', ':. T
ContreMman . John ;
.Affecting Shipping in Chicago
fVrtafftnportancetoPe6pTe'
Bridge - Nuisance ? 7
lays.' It J to this JO minutes' limitation
aridto' the' assignment 'of the' morning
and evening hours to pedestrians and ve
hicles, that the complainant . steamboat
owner-principally objecta. He Insists
that - ttie-navigation-of ttha river" and
Ita branches should not be thus' delayed;
tha the rights, of commerce by vessels
are paramountlto'.tharlghts of commerce
by any other, way. ir. C
"But Irt.thts; view the complainant la
In etrp'r.' 'The rlgHta.of each: class are
to be, enjoyed without Invasion, of tin
equal' rights 5f others. Some conces
sion, must be made on every aide, for the
convenience and harmonious pursuYtt of
dlf feren occapaUona. - ' j ."
Independently of , any" constitutional
restrictions,' nothing would seem more
just and reasonable, or better designed
to meet the wants of the population of
an Immense city,,, consistently-with ' the
Interests of commerce, than the 10-mtn-ute
rule, which,. the city ordinance has
prescribed.".1- . . r.-v .r. , ... ,
rrrJ'''tr.os,tg ts.- raopia. - r :.-;
. Thomas O. Greene, ' formerly . a Chi
cago lawyer, but for the last .11 years
a practicing attorney of Portland, baa
been following cloaely the - - Journal's
.campaign for reform of 'Methods at the
drawbridges.- - Yesterday1 he unearthed
tha supreme court decision in the Chi
cago case. Mr. Greene haa also been an
lntereated observer of thei operation-of
tha. Willamette river drawbridges, and
the delaya suffered through them i by all
classes of cltisens. " ; . , -
"Boats come here becauaa ' there Is
commerce here. If there waa no com
merce, there would be no river busi
ness.. . Portland ts not here becauaa, of
boats; the. boats are here becauaa of
Portland. .The 'larger . . tha city. - the
greater--the . commerce. -i
In these forcible sentences he summed
np tha local situation.
"For several years Portland haa been
growing more rapidly east of the Wil
lamette river than west of .It. The
population of the cityand envlrona Is
about ISO.VOO. of which at least one
half reside eaat of tha river. The In-
(Continued on Page Seven. -
.i.ii X --r-"v "C
FAMILY WAR IS ENDED
brother against the old man. The two
other brothers, Adolph and John D.
Bpreckela. arrayed themselves with Claua.
Tha: attitude assumed by Qua and
Rudolph Immediately caused friction In
the family, which waa not lessened When
the two sons. managed to .get the money
to cover their assessments tram tha firth
of Allen Lewis In Portland. Oua and
Rudolph decided further to -resist the
claims of their father in order to prevent
confiscation of their entire stock, and
they, brought, suit In. equity through
Oarber, Boalt" A .Bishop. This resulted
In a compromise byl which the property
waa turned ever to the two real plain
tiffs, subject to a lien of 1800,000 la out
standing bonds. By thla decision the con
trol of the company virtually came Into
tha hands of the two sons, with the
father standing- decidedly beyond - the
threshold, and aa a reward' to' a friend
la need the American agency of tha Ha
save senators Mitchell!
Ti, ' :
Newton . WUlianMon. . ,
Committee prr -Judicrary' Sub
. ' 1 - w ' ' '
avorablweport-oiviflsn
Dividing Oregon
i
INDIANS WILL BE pAfD
FOR GOVERNMENT LAND
Fulton's Amendments to l-
fTdian "Appropriation Bills
'v
-Adopted B.the Senate.
r.,-.
j '(WitUaitaa 8nnu-( The
Washington,' Feb., 11. Representative
Qlllett of California, from the commit
tee on 'judiciary, haa submitted a favor
able report' OflWllllamson's bill to dl-
rtdeth state -ex Oregon intoawO ludl-
clat districts.
The report atatea In part that the
present United States district court la
held In Portland.. In tha northwest eor.
nerJof the state, and thoaa who live In
eastern Oregon, having business before
this court, ere required to travel from
too to too miles, at great expense to
themselves and to the government. The
excessive mileage- ana expense wnicn is
entailed upon the government In taking
witnesses from one partof tha state to
the other will go a long way toward de
fraying the expenses connected with an
other set of district officers.
:',.', Present Xxpease.
Eastern Oregon Is rapidly filling up
with people, and wUl soon have heavy
populatloriand It la very Important that
thla great area or country, having so
many varied Industries and being so re
mote from a court, should have a court
within tha district where litigants may
attend to litigate their rights without
unnecessary deiay and within' a reaaon
able expense. For these reasons It ap
peared to tha committee very necessary
that the bill ahbuld pass and become a
law aa amended.
Despite the favorable report. It la
faired that on aecount of the abort time
remaining of the present congress and
tha pressure of business there la little It
any hope of securing the passage of the
bill at this session, - --
- The senate committee on Indian af
fairs today completed hearings on the
(Continued on Pag Two.)
waiian Commercial company ''was given
to Allen rat . Lewie. ' , .
After thla adjustment the company was
put In excellent shape by tha two sons
and the loan from tha father fully paid
off. wttft tb result that there hat been
a steady Increase of values? - . -
Blnca tha quarrel with hla , father
Rudolph has' demonstrated his ability
to stand on his own financial feet without
any paternal assistance. In the Interval
his ventures have proved shrewdly placed
and well managed--and he has rapidly
risen to - wide distinction among coast
financiers. His enterprises, such aa the
Hawaiian Commercial company on ' Its
own new footing; the gas company, and
many others, have placed him among
the ranks of. the millionaires.'
The present reconciliation Is purely an
affair of sentiment and does not Indicate
aox consolidation of commercial Interests.
Pleads Guilty to Charge iatid Tells;
of His Effort to Shield
lliHisli,av Parther.
Swb Wisely
Mitchell Was
r Ovenvhelmed by . the indisputable evidence
gathered by the government, Judge A. ". H'nTan
ner 'confessed -.yesterday afternoon in the federal
court that' he ' had " perjured ' himself before " the
grand jury in the effort to shield his law partner;
Senator -John H. ' Mitchell, from conviction" and
punishment.-Judge.Tanner. pleaded guilty to ihe
charge of perjury, upon which he -was himself in
dicted -last week and laid bare the . scheme by
which" Senator Mitchell had hoped to. make it ap
pear that he had not been receiving fees ioir. prose
cuting' land " claims,, in t violation of' the federal
laws. ', j;- - 'ryj
Senatof Mitchell s plan waslomakeit appear
that all fees' for. services before -the departments
at Washington had been retained
iudger Tanner. . Articles' of . partnership ' executed
etween; them s in -1901-provtded-that-such-ie8
should be retained by Mitchell,
camebackfronvlWahuigtc;n
i.e.. i T
appeiOtfotLib graiid4ury
agreementtobe.. drawn: exactly.
orieinal exceot that it orovided
'Uholiht' be "retained by Tanner,
I no part of them. I his new agreement was made
v4to,coj,respond ih date with the
ana-was excouica vy,. wje partners,
was called before the grand jury
I 1 a. i : ' J
iii-cui indue msi inuvcuiuci auu
the original, executed in 1901, and that in accord
ance yotj its terms-Mitchell; had received no part
of th! fees .cpllected by the firm for. prosecuting
land claims.:-..:.;' J - - .",-.'-'':.
By some remarkable" detective woric the "gov
ernment" secured coiklusive proof that JudgelTan
ner'stestimony, wasTuntrue. lje.was .confronted
with the evidence, and acknowledged the truth.
Hewas corroborated on the witness stand by his
sorr,A. tl. Tanner, Jr., who wrote the fraudulent
partnership agreement and by Harry Robertson
Senator Mitchell's privatirWretaryw 1 .! ''. 7
- The long expected- indictment against - Con
gressman J.-N.-Williamson "was-
aiiernoon. nee is lnaicieu wun
and Marion R. BiggsUnited States comniissionerttety-on receipt
at Prineville. on the charge of subornationAof oer
jury iri" connection with timber and stone entries in
the, vicinity of Prineville.- The government's case
against Congressman' ..Williamson'. is" regarded, as
Conclusive. . - ' . ; ' ' . .-.:'.
"Just" before" Judge "Tanner's-- indictment 1ast
week Senator Mitchell wrote him a letter, outlin
ing" his own plan of defense. This. letter he en
trusted to Harry. C. Robertson, his private secre
tary, who was ; about to : leave Washington for
Portland to appeaf Wore the grand jury. . The let
ter follows: '-"'-. - "'"."'-.r. ";" -.
- ; r , "Washington, Br-C,
'-'Sunday, Feb: 5, 1903. .
."My Deaf Judger I am almost afraid to write a
word, aSjThese scoundrels Will' ntteconstrue every
thing and doctor all that is said. . v Your friend" with
letter did not arrive here until today, your letter
beincr. received at 3 o. m. I have made. search for
"my copy of articles ; of copartnership' oT 1901,. but
am unable to find it. l think: it must oc among my
papers in office.- ; :' 1
SHERLOCK HOLMES METHODS USED
IN WORKING UP THE EVIDENCE
' From tfie witness Bland In Judge Bel
linger's courtroom A. H. - Tanner ac
knowledged yes tarda 7 afternoon tliat he
had perjured himself before the federal
grand Jury In tha effort to shield his
friend -and law partner. Senator John
H. Mitchell, from the consequences of
taking Illegal feea for the prosecution
of land clalme. ; .
Judge. Tanner had done his utmost
to save hie : nartner from : punishment
and had falsely sworn before the grand
Jury that 'Senator Mitchell received no
part of tha feea collected by tne rirm
for services before the departments at
Washington. In support of this testi
mony hs had produced articles of agree
ment between himself and Mitchell pur
porting to have been executed in 191.
By the terms of these articles .Mitchell
wss to receive nd part of tha feea col
lected for such services, and -they were
to belong to Tanner, alone.
Thla document he acknowledged yes
terday wss, in fact, made and executed
la December, JtOt, .when Mitchell ra-
to Receive No
by his partner.
but when Mitchell
last Pcceroberwto
yoiLhavt madt
newlchecksjdi
. i t t
thesame as the
vice, nor was I
that all such fees
Mitchell receiving
original agreement
vvnen ianner
and asked as to
i .1 - I .
that you intended
swurc inai ii' waa
all such charges
tj)on't be interviewed until I see you. . - ,
returned yesterday f
"And this
Harry, your son
ur. v an uessner
turned from Washington to go before
the grand Jury, and was dated to corre
spond. with the genuine articles of part
nership entered into In 101, tha purpose
being to represent .to tha grand Jury
that it was the original agreement and
had been In foree since Mitchell's last
election,, to tlje Vnlted States senate. '..i
. SUA Froof of SUs Ferjaary." ' '
Judge Tanner'a testimony was given
only after learning that the government
waa In possession of -absolute proof of
the falsity of the evidence he had given
before the grand Jury. Ha was followed
upon the witnesa stand by his son. who
Identified the alee partnership article
and testaled that they were typewritten
by him last December. Senator - Mit
chell's private secretsrjv Harry C. Rob
ertson, wss slso placed on the stand,
and he testified to the nature of the
original partnership . agreement ,by
which Mitchell was to receive as his
Individual property all fees for services i
.
v. . ,
'.'
Fees in Land
: c
. -' . . ,:T;t v-; .'u ;.;,7 ''.:'; V' ::. ;'
; "Harry," of course prepared these articles. Yot
wilLsee Jlarry on hi& arrival. ? I found our sup, .
plemented agreement of date Nov. 1st, 1904, whiclt
are Jill right. . Harry has them with him. ' , ; .
iNow.the facts are these, and you must deat,
with them accordingly. First," under our article!
I was not to have any interest whatever in any
thing you .might do in any of .departments- or ii
any land matters. . Second, as a matter of facf
I never knew until now that any charges for any
such services had been credited either to me or the '
firm, or that my account had ever been-credited; '
with, any part thereof, as I was never furnished;
with anystatement of any book accounts or o
any charges whatever, and I had nothing' to dJ
with the books nor did I see the same; and 'ydit
will remember several times I . cautioned you not t3
mix me up in any wayin anyffdfficeTnattersT"
Thifd, to this day I dd not know what book entries'
or what youvi4with-aiiycasli; o
i - , ... w .
'ever i adyisedj btyQuloxjditl lhavtL
any knowledge that, any part qf any.jsuch casl
or receipts-was:jlaced either' to the credit" of outj "..
firm or myself. r -i ; ;'i.- '
,;H "Now judge, you will aeree with me. I ani
sure, these are the facts, and A am also sure: what
ever entries you made you never intended I should
haLgeiany mrt. nf S4iclv-cas1rotHrheclr v. andr
that in. some way in settGnir acs
countsbetween us no part of any such' moneys ot
checks should be mine, but your individual prop?'
erty. 1 had supposed of coursethat you had kepi
and accounts in your own name
business for any honest people in these land mate ;
ters. I. hope therefore, you will do me the justics :
at proper time in giving the facts just,asthey ari -;
aid as I have ' stated them: You, .-must not get
rattled or alarmed, 7-Harry will doubtlessj identif f
the copartnership artic!esj)j99Las,havingbeeii -preparetTbyTiim.
.See him at once on his arrivah
strictly ccmfideTrtial don t teJ"":
or anyone.. . Can't you immedir ;.
of this drop everything and com!
direct here. Bring with you in trunk, but dont
let yotir family or anyone know, all the company! .
books, day ledger, all of them,' also your banC ;
book, as I am extretnely anxious to see for myseff
1 m. .1. . 1 l ' 1. t .... ..
precisely .wnat ine oooKs snowpesiaes n is im
portant we.should talk: oveirwitlv Fulton," who isi"
to help defend me, in regard to the discs. I liope
you can come ; if so, don't let a soul know you are
coming, not even Harry, and if you conclude t
come wire . me as .follows i ii 'Johnson leaves direcj '
for Washington thi evening Tanner'.' ,1 do hopft
you can come "and immediately, before you arfl
called again before the grspd Jury : .
.:' "Sincerely your friend, ; v- ; f
. s ; ."JOHJH. MITCHELL.' I .
'" "Don't show Harry this letter not tell him anyi :
thing in it. Don't let' him see our books. : Tell hinl
nothing.;.. ' . J .-'.;''"''-:": " ' ; r,
'r "Keep all Important papers, in safeand safe
and office caretully.locked, as, those t scoundrels
will get in if possible. ;--.-r''.
: "Burn this without fail.! ' ; v - j;
rendered either In, congress or before
the -department at Washington.
. The testimony ef 4he three witnesses)
wss heard by leas than a doserv auditor
for no previous intimation hud rear he J
the public of the sensational climate It
tore. ..Judge Bellinger and the llttl i
group of court officials and riewspapre
men listened with tense attention to th j
extraordinary, story, which . had be-
Wrung front) reluctant witnesses onl
when' they perceived that further eve t
slon and denial were utterly futile, n.)
proceedings were very brier. i
Ooafataaa SOs) Oailt. - i
"It your honor plvase." said t'nltf
States District Attorney Mhey. al1r
Ing tha court., "in the matter of t- I
dlrtment of A. H. Tanner on t
ef- perjury. Judge Tanner U t
plead."
- The- reading Of ttie rn '
waived and Juda-e Tn- -.
meanor plainly betraye j ,
tConiinu X ci i
. . ".;"':'' : :. .:' . . i '..'..,. .... .
1